What is an All County franchisee required to do to assist All County in protecting its trademarks?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
You must notify us immediately of any apparent infringement or challenge to your use of any Mark we license to you under the Franchise Agreement, or of any claim by any person of any rights in any Mark, and we have sole business judgment to take the actions we deem appropriate and the right to control exclusively any litigation, PTO proceeding or any other administrative proceeding arising out of any infringement, challenge or claim or otherwise relating to any Mark. You must sign any and all instruments and documents, render assistance and do any acts as may be necessary or advisable to protect and maintain our interests in any litigation or PTO proceeding or other proceeding or otherwise to protect and maintain our interests in our Marks.
If it becomes advisable at any time in our business judgment for us and/or you to modify or discontinue the use of any Marks and/or use one or more additional or substitute trademarks or
service marks, you are obligated to comply with our directions within a reasonable time after receiving notice from us. We are not obligated to reimburse you for any loss of revenue attributed to any modified or discontinued Marks or for any expenditures you make to promote a modified or substitute trademark or service mark.
We will indemnify you against, and reimburse you for, all damages for which you are held liable in any proceeding arising out of your authorized use of any Mark under the Franchise Agreement and, except as provided in the Franchise Agreement, for all costs you reasonably incur in defending any claim brought against you or any proceeding in which you are named as a party, if you have timely notified us of the claim or proceeding and you and your owners are in compliance with the Franchise Agreement and all other agreements entered into with us and our affiliate(s). In our or our affiliate(s)' sole business judgment, we will be entitled to prosecute, defend or settle any proceeding arising out of your use of any Mark, and, if we or our affiliate(s) decide to prosecute, defend or settle any matter, we will have no obligation to indemnify or reimburse you for any fees or disbursements of counsel you retain.
Source: Item 13 — Trademarks (FDD pages 28–30)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, franchisees have specific obligations to help protect the All County trademarks. Franchisees must immediately notify All County of any potential infringement or challenges to their use of the licensed marks, or any claims by others regarding rights to the marks. All County retains sole discretion in deciding how to respond to such situations, including the right to control any litigation or proceedings.
Specifically, franchisees are required to sign any documents, provide assistance, and perform any actions deemed necessary or advisable by All County to protect and maintain their interests in litigation, PTO (Patent and Trademark Office) proceedings, or other related matters. This means franchisees must cooperate fully with All County's legal efforts to defend the trademarks.
Furthermore, if All County decides to modify or discontinue the use of any trademarks, franchisees are obligated to comply with these directions within a reasonable timeframe after receiving notice. However, All County is not obligated to reimburse franchisees for any lost revenue or expenses incurred in promoting a modified or substitute trademark. While franchisees bear the cost of adapting to trademark changes, All County will indemnify and reimburse franchisees for damages they are held liable for in proceedings arising from authorized use of the marks, provided the franchisee has given timely notice of the claim and is in compliance with all agreements. All County has the right to control the defense or settlement of any such proceeding and is not obligated to cover the franchisee's legal fees if they choose to retain their own counsel.